By: Derek Hawkins//May 9, 2018//
WI Court of Appeals – District IV
Case Name: Rural Mutual Insurance Company v. Lester Buildings, LLC, et al.
Case No.: 2016AP1837
Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ.
Focus: Insurance – Subrogation Claims
Rural Mutual Insurance Company appeals summary judgment dismissing its subrogation claims against Lester Buildings, LLC and its insurer, Phoenix Insurance Company, and against Van Wyks, Inc. and its insurer, West Bend Mutual Insurance Company, relating to damages to a barn owned by Rural Mutual’s insured, Jim Herman, Inc. The circuit court determined that all of Rural Mutual’s claims are barred pursuant to a “waiver of subrogation” provision contained in the contract for the construction of the barn entered into between Lester Buildings and Jim Herman. Jim Herman separately appeals a judgment entered in favor of West Bend following the dismissal by the circuit court on partial summary judgment of any cross-claims by Jim Herman for consequential, incidental, liquidated or special damages. For the reasons discussed below, we affirm.